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Wednesday, January 2, 2013

Definition of ADR

Alternative"
dispute resolution is usually considered to be alternative to litigation.
It also can be used as a colloquialism
for allowing a dispute to drop or as an alternative to violence.
In recent years there has been more discussion about taking a systems approach
in order to offer different kinds of options to people who are in conflict, and
to foster "appropriate" dispute resolution[1].

Alternative
Dispute Resolution refers to the means of settling disputes without going
through legal procedures. Through ADR settlement of disputes can be done in
many formal and informal ways but here ADR emphasis is mainly on the settlement
of disputes by local community initiatives. It is an age-old tradition of
society through which disputes are resolved amicably and which concerned
parties accept. Normally authority does not challenge it. It is not
institutionalized, but both the community members and the disputants accept it.
There are different ways to resolve disputes. Some are resolved formally,
others informally, and some are resolved as time passes by.

ADR
is a process which may be freestanding (non-judicial) or court annexed
(judicial), binding or non-binding, formal or informal, mandatory or voluntary
in nature[2].
It is to be emphasized that the term ‘ADR’ is misleading in a sense that it is
not always alternative to formal litigation and very often it is a part of
litigation particularly for those ADR processes which are court connected.
Professors Thomas J. Stipanowich states that the name ADR is an outmoded
acronym that survives as a matter of convenience only[3]. A
California Task Force observed, “not only is ‘alternative’ unhelpful-
alternative to what?- but “appropriate” better conveys the concept of “method
best suited to resolving the dispute”.....Professor Jean R. Sternlight has
preferred the phrase ADR as “Appropriate Dispute Resolution” rather than
“Alternative Dispute Resolution”[4].